DA's Letter

[Evershine]

Can a District Attorney send a letter on his office letterhead stating that a complaint of committed violation was filed dated six months ago and that the individual must appear at a Justice Center on the said date and if she fails to appear, a warrant of arrest will be issued? I presume such letters come out of court where the complaint is actually filed (if any) and on Judge's decision, not from an attorney, right?

[nrknlknek]

Wrong! The individual (s) to whom the DA's letter is addressed are being charged with running afoul of the law. The DA is not only exercising the rights of his office, this is his/her job! My counsel would be to figure out how you are going to respond to the charge as opposed to questioning the procedure.

[Evershine]

The letter from the DA's office was addressed to a friend of mine who had an incident with a state employee at a DMV. There was neither physical nor language abuse but rather she raised her voice to confront the DMV employee and basically threw/slipped some documents over onto her table side. The employee alleged to her manager that the paper hit her (lol) and that my friend was rude and yelling, not to mention that the employee was head-over-heels and made a BIG FUSS about it all over DMV. My friend left the scene after completing her business.

Recently received the DA's letter for assault and battery. This incident happened several months ago and my friend thought that it was no biggy and forgotten about it and that the DMV video/audio tape can prove it that nothing serious happened as to extent of claims alleged and exaggerated. What can my friend do now? What can happen if she ignores the DA's letter or if she appears at the court and pleads not guilty whilst explaining the incident. Thanks.

[nrknlknek]

This is a criminal law matter, so this posting is in the wrong section of this forum. However, she can go to court and plead not guilty at which point a trial will be scheduled. It is not clear if the charge is a felony or misdemeanor. If it is a misdemeanor, chances are it will be heard in that session. My advice is to consult with an attorney who can communicate with the DA and possibly get this thing thrown out or at least reduced.

[Evershine]

Hmmm, I very much doubt that it is even a misdemeanor, let alone a criminal matter. I mean com'on, just because someone raises his/her voice (not yelling) and slips some papers down, would make a case as severe as it is made to believe, sounds silly. As I mentioned earlier, the DMV employed simply got all warped up and deliberately exaggerated the incident. Besides, what could or what damage a piece of paper can exhibit that calls for criminality as such. According to my friend, the employee was rude, immoral and perhaps pissed about something and thus created an unprecedented scene to look bad.

Regardless, assuming my friend is found guilty, would she be doing time? Can my friend speak up, plead not guilty and defend herself at the courtroom without an attorney since she can't afford one? Can she request for a public defender before the case is presented, so that she can explain the situation to the PD and take it from there? What if she ignores the DA's letter to appear, will she be arrested without Judge's consent? Thanks.

[nrknlknek]

Nevertheless, the DA is pressing charges and your friend is being hauled into court. So, if she does not show, the Judge will issue a bench warrant, so tell her to show up. If the charge is a misdemeanor, your friend can plead not guilty, state her case to the Judge and hear what he says. If it is afelony charge (unlikely), the matter and defense is more complex. My guess (and it is only that) is that the case will get dismissed or your friend will get a fine. I can't envision incarceration. What state is this in?

[Evershine]

Not sure though but shouldn't the letter come from the courthouse officially signed by a judge to appear and threaten for warrent arrest should one fail to appear rather than from attorney's office?

The penal code is 240PC which I found out to be a minor or simple misdemeanor, correct?

Thanks again, nrknlknek.

[Zigner]

Originally Posted by Evershine

Not sure though but shouldn't the letter come from the courthouse officially signed by a judge to appear and threaten for warrent arrest should one fail to appear rather than from attorney's office?

The penal code is 240PC which I found out to be a minor or simple misdemeanor, correct?

Thanks again, nrknlknek.

It doesn't matter how many times you ask the question...the answer is the same.

[Evershine]

Originally Posted by nrknlknek

Nevertheless, the DA is pressing charges and your friend is being hauled into court. So, if she does not show, the Judge will issue a bench warrant, so tell her to show up. If the charge is a misdemeanor, your friend can plead not guilty, state her case to the Judge and hear what he says. If it is afelony charge (unlikely), the matter and defense is more complex. My guess (and it is only that) is that the case will get dismissed or your friend will get a fine. I can't envision incarceration. What state is this in?

After consulting a few attorneys and paralegals over the past week, all opined that since the charge is of assault (240 PC) and battery (242 PC) along with them (the employee and manager) having witness(s) to prove that my friend was loud and rude, she may be incarcerated even though the case is a misdemeanor.

But yes, she must appear at the court, request a public defender since she can't afford an attorney and plead not guilty to defend her case. Her time is running out. Wonder if the PD can help ease or dismiss her case without prison time or trial? Also, assuming that she is found guilty and gets prison time, will she be arrested there and then, and can she be bailed out immediately? Thanks.

[CourtClerk]

You don't go to PRISON on a misdemeanor anywhere in CA. You go to jail.

[Evershine]

Originally Posted by CourtClerk

You don't go to PRISON on a misdemeanor anywhere in CA. You go to jail.

This is not a playground for kids.

FYI:

jail  /dʒeɪl/ Show Spelled Pronunciation [jeyl]

–noun
1. a prison, esp. one for the detention of persons awaiting trial or convicted of minor offenses.
–verb (used with object)
2. to take into or hold in lawful custody; imprison.

[IsabellaSoriano]

Originally Posted by Evershine

This is not a playground for kids.

FYI:

jail  /dʒeɪl/ Show Spelled Pronunciation [jeyl]

–noun
1. a prison, esp. one for the detention of persons awaiting trial or convicted of minor offenses.
–verb (used with object)
2. to take into or hold in lawful custody; imprison.

do you like arguing just for the sake of arguing?

prison is DIFFERENT then jail. and no, i haven't been to both. but i heard the food is better in prison.

[Evershine]

Originally Posted by IsabellaSoriano

do you like arguing just for the sake of arguing?

prison is DIFFERENT then jail. and no, i haven't been to both. but i heard the food is better in prison.

Stop trolling and answer my concerns previously mentioned; if not then please take a hike and let mature intelligent members take over. Thanks.

Moderators please take note.

[IsabellaSoriano]

Originally Posted by Evershine

Stop trolling and answer my concerns previously mentioned; if not then please take a hike and let mature intelligent members take over. Thanks.

Moderators please take note.

why would i repeat what you have been told? or did you not understand what you were told?

the moderators know i'm not a troll. and i don't like hiking. i don't have to answer anything unless i want to. and i get to answer how i want to.

[Evershine]

Originally Posted by IsabellaSoriano

why would i repeat what you have been told? or did you not understand what you were told?

the moderators know i'm not a troll. and i don't like hiking. i don't have to answer anything unless i want to. and i get to answer how i want to.

Reflect on your own "signature quote" and try to be productive. I'm done with this thread.